Visa Bulletin

Number 109
Volume VIII
Washington, D.C.

VISA BULLETIN FOR AUGUST 2007

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during August. Consular officers are required to report
to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and
Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were
made, to the extent possible under the numerical limitations, for the demand received by July 13th in the chronological order
of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category
or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category
is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have
a priority date earlier than the cut-off date may be allotted a number. Immediately that it becomes necessary during the monthly
allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date
falls within the new cut-off date.

2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000.
The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the
per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference
limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

3. Section 203 of the INA prescribes preference classes for allotment of immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First : Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.

Second : Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any)
by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

Third : Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth : Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.

EMPLOYMENT-BASED PREFERENCES

First : Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth
and fifth preferences.

Second : Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based
preference level, plus any numbers not required by first preference.

Third : Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by
first and second preferences, not more than 10,000 of which to "Other Workers".

Fourth : Certain Special Immigrants: 7.1% of the worldwide level.

Fifth : Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted
rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants
in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference
immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the
principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when
visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability
areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

5. On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C"
means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available.
(NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Fam-ily

All Charge- ability Areas Except Those Listed

CHINA-mainland born

INDIA

MEXICO

PHILIPP-INES

1st

08AUG01

08AUG01

08AUG01

01JAN91

01MAY92

2A

22JUL02

22JUL02

22JUL02

01NOV01

22JUL02

2B

08APR98

08APR98

08APR98

08MAR92

22OCT96

3rd

01OCT99

01OCT99

01OCT99

08FEB88

01JAN85

4th

01NOV96

22JUL96

01MAR96

01FEB93

01MAY85

*NOTE: For August, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates
earlier than 01NOV01. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT
MEXICO with priority dates beginning 01NOV01 and earlier than 22JUL02. (All 2A numbers provided for MEXICO are exempt from
the per-country limit; there are no 2A numbers for MEXICO subject to per-country limit.)

AllCharge-abilityAreasExceptThoseListed

CHINA-mainland born

INDIA

MEXICO

PHILIP-PINES

Employ-ment-Based

1st

U

U

U

U

U

2nd

U

U

U

U

U

3rd

U

U

U

U

U

OtherWorkers

U

U

U

U

U

4th

U

U

U

U

U

Certain Religious Workers

U

U

U

U

U

Iraqi & Afghani Translators

U

U

U

U

U

5th

U

U

U

U

U

Targeted Employ-ment Areas/Regional Centers

U

U

U

U

U

The Department of State has available a recorded message with visa availability information which can be heard at: (area code
202) 663-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following
month.

Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105
- 139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of
the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced
by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset
adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction
in the EW annual limit to 5,000 began in Fiscal Year 2002.

B. DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the Immigration and Nationality Act provides a maximum of up to 55,000 immigrant visas each fiscal year
to permit immigration opportunities for persons from countries other than the principal sources of current immigration to
the United States. The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulates
that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will
be made available for use under the NACARA program. This reduction has resulted in the DV-2007 annual limit being reduced to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity
visas in any one year.

For August, immigrant numbers in the DV category are available to qualified DV-2007 applicants chargeable to all regions/eligible
countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional
lottery rank numbers BELOW the specified allocation cut-off number:

Region

All DV Chargeability Areas Except Those Listed Separately

AFRICA

CURRENT

Except:Egypt:22,600Ethiopia:16,000Nigeria:18,700

ASIA

CURRENT

Except: Bangladesh 8,150

EUROPE

CURRENT

Except:Ukraine 13,700

NORTH AMERICA (BAHAMAS)

CURRENT

OCEANIA

CURRENT

SOUTH AMERICA, and the CARIBBEAN

CURRENT

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant
is selected in the lottery. The year of entitlement for all applicants registered for the DV-2007 program ends as of September
30, 2007. DV visas may not be issued to DV-2007 applicants after that date. Similarly, spouses and children accompanying or
following to join DV-2007 principals are only entitled to derivative DV status until September 30, 2007. DV visa availability
through the very end of FY-2007 cannot be taken for granted. Numbers could be exhausted prior to September 30.

C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN SEPTEMBER

For September, immigrant numbers in the DV category are available to qualified DV-2007 applicants chargeable to all regions/eligible
countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional
lottery rank numbers BELOW the specified allocation cut-off number:

Region

All DV Chargeability Areas Except Those Listed Separately

AFRICA

CURRENT

Except:Egypt:22,600Ethiopia 16,000Nigeria 20,700

ASIA

CURRENT

EUROPE

CURRENT

NORTH AMERICA (BAHAMAS)

CURRENT

OCEANIA

CURRENT

SOUTH AMERICA, and the CARIBBEAN

CURRENT

D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated
June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability,
and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.

E. AUGUST EMPLOYMENT-BASED VISA AVAILABILITY

All Employment-based preference categories are “Unavailable” for August. At this time, it is uncertain whether any numbers
will be returned and can be reallocated at a future date. Until informed otherwise, all readers should assume that the categories
will remain unavailable until October, which is the beginning of the new fiscal year.

F. MEXICO FAMILY FOURTH PREFERENCE RETROGRESSION

There has been a significant increase in number use in the Mexico Family Fourth preference category. As a result, it has been
necessary to retrogress this cut-off date in an effort to hold number use within the annual numerical limit.

G. OBTAINING THE MONTHLY VISA BULLETIN

The Department of State's Bureau of Consular Affairs offers the monthly "Visa Bulletin" on the INTERNET'S WORLDWIDE WEB. The
INTERNET Web address to access the Bulletin is:

http://travel.state.gov

From the home page, select the VISA section which contains the Visa Bulletin.

To be placed on the Department of State’s E-mail subscription list for the “Visa Bulletin”, please send an E-mail to the following
E-mail address:

To be removed from the Department of State’s E-mail subscription list for the “Visa Bulletin”, send an e-mail message to the
following E-mail address :

listserv@calist.state.gov

and in the message body type: Signoff Visa-Bulletin

The Department of State also has available a recorded message with visa cut-off dates which can be heard at: (area code 202)
663-1541. The recording is normally updated by the middle of each month with information on cut-off dates for the following
month.

Readers may submit questions regarding Visa Bulletin related items by E-mail at the following address: